He sees cases bought and sold. A clever barrister or advocate will
secure an acquittal where a cheaper man would fail. That is notorious
everywhere. Otherwise how do great barristers come by their big fees?
Clients do not pay for nothing. A barrister is worthy of his hire.
The poor man loses and the rich man wins. The poor man goes to gaol,
the rich is acquitted or gets a light sentence. So it happens
everywhere. The exact truth of a case is never known. For twenty
years I was a magistrate and judge. I tried hundreds of cases and I
did my best with each. But I never once reached my own standard of
understanding. What is that standard? Not that of Courts of Appeal
who generally upheld my cases. My standard was this: Do I know enough
of the case to write a story embodying it if I wanted to? I never did.
For the standard of truth that goes to even the slightest story is very
far beyond what is required or possible in even the most carefully
heard case.
Now this is not an edifying state of things. It is not edifying
anywhere, and I have often heard remarks about it in England from men
who happened into a court of law to hear a case. To judges, lawyers,
and barristers this view of the proceedings does not occur, because
they have been brought up to it, and therefore their minds are locked
as far as really appreciating it goes. In India and Burma it is even
less edifying. I have often heard Burmans talk of it. "Here on one
side are the police, trained men, with all the power and resource of a
great Government behind them, trying to get a conviction. They have
gone about the country, searched out evidence, tested it, summoned it,
and displayed it to its best effect in Court. On the other side is a
poor devil of a villager who has been locked up while the police were
free; who is poor, who is ignorant, who if he can afford a pleader at
all can only afford a very indifferent one. His case is not presented
at all, or is very badly presented. True, the case has to be clearly
proved or he is acquitted, but the same facts may wear very different
colours, according to whether the whole truth is known or only a half.
The magistrate does his best, but he can only act on the evidence. The
police want a conviction because otherwise their records are bad and
promotion is stopped. Do you wonder that sympathy is often with the
accused?"
So I have often been asked; and I don't wonder. I often felt that way
myself.
Public-domain text, read in full here on John Shaqi.
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